OpenLegislation

Paragraph 7 Employees etcI1I2

United Kingdom

(1)

Where an exemption is conferred on a person (“P”) by this Schedule, the following are also exempt (subject to sub-paragraph (2))—

(a)

a person who holds office in or under, or is an employee or other member of staff of, P (acting in that capacity), or

(b)

a person the Secretary of State reasonably considers to be exercising functions on behalf of P as if the person were within paragraph (a).

(2)

Where P is a foreign power, the exemption does not apply to persons within sub-paragraph (1)(a) if or to the extent that the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person).

(3)

A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.

(4)

A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.

(5)

A misrepresentation may in particular include—

(a)

a misrepresentation as to the person’s identity or purpose;

(b)

presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.

Annotations

Commencement

I1

Sch. 15 para. 7 not in force at Royal Assent, see 100(1)

I2

Sch. 15 para. 7 in force at 1.7.2025 by S.I. 2025/674, reg. 2